TUPE
The Employment Appeal Tribunal upheld an employment tribunal decision that a requirement for older employees to accept less generous terms and conditions of employment, as a condition of their employment continuing, could be justified.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) found that an employment tribunal's judgment was flawed when it held that an employee of a transferor was assigned to the organised group of employees that were reassigned to the transferee on a service provision change.
The employment tribunal held in this case that, on a transfer under the TUPE Regulations, the transferor was liable to pay compensation for failing to inform the transferee that it would inherit claims from its employees for unpaid salary.
David Malamatenios is partner, Linda Quinn, Colin Makin and Krishna Santra are senior associates, and Dominic Speedie is an associate at Colman Coyle Solicitors. They round up the latest rulings.
In Kavanagh and others v Crystal Palace FC Ltd and another [2014] IRLR 139 CA, the Court of Appeal held that the EAT had been wrong to interfere with an employment tribunal's judgment that an administrator had dismissed employees for an "ETO" reason. On the facts, the dismissals had been effected in order to enable the company to continue to trade and avoid liquidation.
Amanda Steadman is a professional support lawyer and Ed Gregory, Rosie Kight and Joanne Magill are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal has held that a requirement to work in a different location following a TUPE transfer does not amount to a change in the workforce and is not, therefore, an economic, technical or organisational reason entailing changes in the workforce within the meaning of reg.7(2) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
In Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/S (Daddy's Dance Hall) [1988] IRLR 315 ECJ , the ECJ held that the provisions of the Acquired Rights Directive are mandatory and "therefore independent of the will of the parties" to the employment contract, although post-transfer variations may be agreed that are permitted by national law "in cases other than the transfer of an undertaking".
David Malamatenios is a partner and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has agreed that a transferee did not have an economic, technical or organisational (ETO) defence over the dismissal of two claimants as a result of harmonisation following a post-TUPE transfer redundancy process.
Employment law cases: HR and legal information and guidance relating to TUPE.